Kochi: The Ernakulam CBI special court on Thursday dismissed a petition seeking further investigation into the Fazal murder case and observed that there was enough evidence connecting CPM workers with the case. The court stated that it had gone through the final report filed by the CBI in detail. "There are sufficient materials to connect the accused with the crime," the order stated. The court also took note of the factual contradictions in the statement given by Subeesh and the facts revealed in the CBI investigation, including the time of the murder and weapons used. It also considered the complaints filed by Subeesh on the custodial torture by the police.
"The court has no hesitation to conclude that no sufficient and valid reason exists to order a further investigation as prayed for," it stated. It may be recalled that NDF activist Fazal was murdered in October 2006. The court dismissed the plea filed by Fazal's brother Abdul Sathar who moved the court pursuant to a revelation by RSS activist Subeesh claiming responsibility for the murder. However, Subeesh retracted the statement claiming he was tortured by the police into making the false statement.
Subeesh had also filed a complaint before the Koothuparamba Judicial First Class Magistrate, National Human Rights Commission and the CBI director denying his confession and alleging custodial torture. The court observed that the probe into the case had already been completed. The magistrate cannot suo motu order further investigation and it will be permissible only if the investigation agency places a request on the detection of fresh facts.
"This is a case where the brother of the deceased, whose loyalty is under challenge, has come with an application seeking further investigation. The probe agency has not come forward with the demand. The other day, the CBI had vehemently opposed the prayer for further investigation. It has to be noted the CBI probe was ordered by the High Court pursuant to the writ petition filed by the wife of the deceased. Also, she has not come forward with any such prayer," the court observed.
It said that further investigation under section 178(8) of CrPC, after taking cognizance of the court, can be ordered only on the request of the investigation agency and it cannot be ordered on the request of de facto complainant. "This court cannot direct further investigation on the petition filed by the brother of the deceased, which is stoutly opposed by the investigation agency. On that score alone, the petition is liable to be dismissed," the court stated.
